A trial Judge may treat a motion for accelerated judgment as a motion for summary judgment (GCR 1963, 116.1[5], 117.2[1]).

2. Judgment -- Summary Judgment -- Court Rules.

A motion for summary judgment based solely on a plaintiff's failure to state a claim challenges the legal sufficiency of the pleadings alone (GCR 117.2[1]).

3. Appeal and Error -- Summary Judgment -- Failure to State Claim.

An appellate court, when reviewing a summary judgment based on the plaintiff's failure to state a claim, must accept as true the well-pleaded facts in the plaintiff's complaint and determine whether these claims are so clearly unenforceable as a matter of law that no factual development can possibly justify a right to recovery.

4. Pleading -- Contracts -- Stating Claim.

Pleadings which allege the existence, modification, and breach of a contract clearly state a claim upon which relief can be granted.

A summary judgment, awarded on the ground that there is no genuine issue as to any material fact, must be reversed where no affidavits ...

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